Beartrap12,
Yes, given that the patent covering the pooled lysate and autologous dendritic cell method has been identified and is exclusively licensed to NWBO, the most reasonable explanation is that Merck is not trying to sidestep NWBO, but is likely operating within academic or exploratory boundaries for now.
The trials in question, run at Roswell Park and possibly Mayo Clinic, are structurally very similar to what NWBO owns. They combine dendritic cells with pooled tumor lysate and in some cases are paired with Keytruda. If these trials are using the patented process, Merck would not be able to commercialize the results without NWBO’s involvement or permission.
So the interpretation that makes the most legal and strategic sense is this. Merck is either conducting these trials under academic safe harbor protections or is laying the groundwork for a potential partnership. They are not acting independently to compete. NWBO holds the legal IP position and it has already made clear that it controls the platform under license. That positions NWBO as the gatekeeper for any future commercial development that emerges from these studies.
In other words, it is not about Merck getting ahead of NWBO. It is more likely about Merck staying close enough to be ready if NWBO’s platform moves forward. Based on everything we know, NWBO has the leverage.
Thanks, and you do the same!
Bullish